New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-01-14

THE LONG DELAYS IN MURDER CASES.
\ friendly correspondent writes to TIE
TRIBUNE protesting against the editorial ART
icle printed Yesterday on the murder OF Rounds
man Montgomery Upon the ground that 1t Will
tend to prejudice Rourkc's chances OF far
trial This correspondent probably is not
aware of the serious necessity of greater
promptness and energy in tho disposition OF
murder cases. The administration OF justice
has become so obstrucicd and embarrassed thai
the most villanous of murdcners Is almost
sure of a year or two Of ease and comfort
before he is called upon to pay the penalty OF
ais crime. Meanwhile a sickly sympathy L.
excited in his favor. His cell is filled with
flowers and gifts. His pathway to death is
made smooth with every attention and every
favor. He daily becomes more and moro OF
hero in the eyes OF other criminals and rultans'
and if he finally goes to the scaffod his fate
inspires no terror and sounds no note OF warn
ing TIE memory of his crime Is almost los'
and many people look upon him as vlcum
of mercilcss and excessive rgor. II our
CORE pendent will glance at the records oil
the NEST notorious cases during the last SIX
wears he will find a state of things which more
than justifes our demand that Rourke shall bc
turned over to the hangnan with out unneces-
sary delay.
On June 20, 1884, Miguel Chacon murdered
Maria Williams with fiendish cruelty. Five
months passed before he was placed on trial.
Almost year, or until October 0, 1885, wa
allowed to slip by before the General Term
affirmed the verdict. Four months moro were
occup cd in getting the decision of the Courl
4 -, oct Ayv1 n
tho wretch exria cd his crime on the gaows
John CARPENTER murdered his wife on May
g. 1884. He was convicted early in July
,ut he appealed TO the General Term. 1t took
a whole year for that io1y to make up its mind
hat because Of a technical error i'll the trial
the verdict must DO rcyc scd. A month later
10 was convicted again. The two appellate
.ourts consumed nine months assuring them
selves that he was guilty. and if the murdcrcl
had not become tilcd Of tho suspense and com
mittcd suicide he might even yet he alive
upon stay " a reprieyc or some other ruse
to defeat justice.
The delay in BuddcnSicl;s cac was partic
ularly offensive and injurious to the city's in
tercst 1t was on April l3, 1885, that his heap
Of loan and broken brick fell down upon ITS
victims. He wos convicted in juno and having
secured the kind Of stay which McQuadcs
lawyers demanded of Judge Pratt, he was
admit ed to bail-a convicted felon paradng
The streets His guilt was not finally setue'i
until last November The case OF Peter Smith,
the brutal janitor who killed John Harmon
on April 7. 1885, is still pending in the Court
of Al peals, and the Oldest prophet darcs no
set date when he will pay the penalty Of his
10 oil Iict
such another scoundlel as Rourke, got drunk
and killed Peer Keenan,, WHO had done him
no sort of wrong. On November 3. 1853. His
case wore along in the courts where the YER
dict was reversed and affirmed and rcver'el
again until in January. 1885. be pleaded
guilty 10 murder in the second degree.
How long is this sort Of thing to he toll
erateds We think that Rcur&o's case, which
was cold, brutal, premcdiia ed murder on the
part Of a man sworn to protect society against
crime. marks the point where patience cease
10 he virtue. If there must DO appeals and
motions and tricks and articles on tho parl
of the murderers lawyers. then the judiciary
should understand that the people look 10 it for
a speedy determination Of all these bubbles.
These delays not only permit many escapes
from ultimate punishment. but they admit
maudlin sentiment to grow up seriously pre-
judicial to justice. OF course, the great faul
is with the law. We Go not favor tho Eng
lish system of making the trial court the cour,
If last resort, but certainly ore appeal ard
that directly to tho highest Bench in the State
is enough to accomplish all just purposes and
until the law is thus reformed, let tho Judges
concedc tina. society has some rights as againsi
murdercIs.